§ 23-35-705 - Procedure for liquidation or dissolution.
23-35-705. Procedure for liquidation or dissolution.
(a) The credit union shall continue in existence for the purposes of discharging its debts, collecting and distributing its assets, and doing all acts required in order to wind up its business, and it may sue and be sued for the purpose of enforcing its debts and obligations until its affairs are fully adjusted.
(b) The board of directors of the credit union, or in the case of involuntary dissolution the liquidating agent, shall, after applying each member's share or deposit account against any loan or debt owed the credit union by that member, use the assets of the credit union to pay:
(1) Expenses incidental to liquidation, including any surety bond that may be required;
(2) Any liability due nonmembers; and
(3) Savings club accounts as provided in this chapter.
(c) Assets then remaining shall be distributed to the members proportionately to the shares held by each member as of the date dissolution was voted or ordered.
(d) As soon as the board or liquidating agent determines that all assets from which there is a reasonable expectancy of realization have been liquidated and distributed as set forth in this section, they shall execute a certificate of dissolution on a form prescribed by the State Credit Union Supervisor and file the certificate with him.
(e) The credit union shall be subject to examination by the supervisor in accordance with its schedules.